895.346 Bail, deposit in lieu of bond.
895.35 Expenses in actions against municipal and other officers.
895.36 Process against corporation or limited liability company officer.
895.37 Abrogation of defenses in employee personal injury actions.
895.375 Abrogation of defense that contract was champertous.
895.42 Deposit of undistributed money and property by personal representatives and others.
895.43 Intentional killing by beneficiary of contract.
895.435 Intentional killing by beneficiary of certain death benefits.
895.441 Sexual exploitation by a therapist; action for.
895.442 Sexual exploitation by a member of the clergy; action for.
895.443 Physical injury, emotional distress, loss or damage suffered by members of certain groups; action for.
895.444 Injury caused by criminal gang activity; action for.
895.445 Damage to certain machines; action for.
895.446 Property damage or loss caused by crime; action for.
895.447 Certain agreements to limit or eliminate tort liability void.
895.448 Safety devices on farm equipment, ordinary negligence.
895.45 Service representatives for adult abusive conduct complainants.
895.455 Limits on recovery by prisoners.
895.457 Limiting felon's right to damages.
895.46 State and political subdivisions thereof to pay judgments taken against officers.
895.47 Indemnification of the Wisconsin State Agencies Building Corporation and the Wisconsin State Public Building Corporation.
895.472 Indemnification of a financial institution.
SUBCHAPTER II
EXEMPTIONS FROM, AND LIMITATIONS ON, LIABILITY
895.475 Exemption from civil liability for furnishing safety inspection or advisory services.
895.48 Civil liability exemption; emergency medical care.
895.4802 Civil liability exemption; hazardous materials.
895.4803 Civil liability exemption; information concerning paternity.
895.481 Civil liability exemption; equine activities.
895.482 Civil liability exemption; ski patrol members.
895.483 Civil liability exemption; regional and local emergency response teams and their sponsoring agencies.
895.485 Civil liability exemption; agencies, foster parents, treatment foster parents and family-operated group home parents.
895.486 Civil immunity exemption; reports of insurance fraud.
895.487 Civil liability exemption; employment references.
895.497 Civil liability exemption: furnishing safety services relating to child safety restraint systems.
895.506 Civil liability exemption; weight gain and obesity claims.
895.51 Civil liability exemption: food or emergency household products; donation, sale, or distribution.
895.515 Civil liability exemption; equipment or technology donation.
895.517 Civil liability exemption: solid waste donation or sale.
895.52 Recreational activities; limitation of property owners' liability.
895.525 Participation in recreational activities; restrictions on civil liability, assumption of risk.
895.527 Sport shooting range activities; limitations on liability and restrictions on operation.
895.53 Civil and criminal liability exemption; tests for intoxication.
895.54 Liability exemption; notification of release.
895.55 Liability exemption; oil discharge control.
895.555 Civil liability exemption; anhydrous ammonia.
895.56 Liability exemption; handling of petroleum-contaminated soil under contract with the department of transportation.
895.57 Damages and immunity; unauthorized release of animals.
895.58 Liability exemption; use of special waste under public works contracts.
895.59 Liability exemption; disclosure of rule violations.
DAMAGES, RECOVERY, AND MISCELLANEOUS
PROVISIONS REGARDING ACTIONS IN COURTS
895.01
895.01
What actions survive; actions not to abate. 895.01(1)(am)(am) In addition to the causes of action that survive at common law, all of the following also survive:
895.01(1)(am)2.
2. Causes of action for the recovery of personal property or the unlawful withholding or conversion of personal property.
895.01(1)(am)3.
3. Causes of action for the recovery of the possession of real estate and for the unlawful withholding of the possession of real estate.
895.01(1)(am)8.
8. Causes of action for all damage done to the property rights or interests of another.
895.01(1)(am)10.
10. Causes of action for damages done to real or personal estate.
895.01(1)(am)14.
14. Equitable actions for specific performance of contracts relating to real estate.
895.01(1)(bm)
(bm) Causes of action for wrongful death shall survive the death of the wrongdoer whether or not the death of the wrongdoer occurred before or after the death of the injured person.
895.01(2)
(2) An action does not abate by the occurrence of any event if the cause of action survives or continues.
895.01 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 760 (1975), 771;
1977 c. 176;
1987 a. 399;
1993 a. 481;
1999 a. 85;
2007 a. 101.
895.01 Annotation
Punitive damages incident to damages for the pain and suffering of a decedent may be awarded to the estate. Wangen v. Ford Motor Co.
97 Wis. 2d 260,
294 N.W.2d 437 (1980).
895.01 Annotation
A paternity action may not be brought against a deceased putative father. Paternity of N. L. B.
140 Wis. 2d 400,
411 N.W.2d 144 (Ct. App. 1987).
895.01 Annotation
A claim for loss of enjoyment of life caused by professional negligence of mental health professionals survived the death of the alleged victim. Sawyer v. Midelfort,
227 Wis. 2d 124,
595 N.W.2d 423 (1999),
97-1969.
895.01 Annotation
A survival claim accrues when, with reasonable diligence, the decedent should have discovered the claim, but no later than the date of death. Estate of Merrill v. Jerrick,
231 Wis. 2d 546,
605 N.W.2d 645 (Ct. App. 1999),
99-0787.
895.01 Annotation
Parents of minor children have separate claims for pre-death and post-death loss of society and companionship, and damages are not capped by the wrongful-death limit. Hegarty v. Beauchaine, 2006 WI App 248,
297 Wis. 2d 70,
727 N.W.2d 857,
04-3252.
895.01 Annotation
Under sub. (1) (o) [now sub. (1) (bm)] and 895.04 (2), a wrongful death claim does not survive the death of the claimant. Lornson v. Siddiqui, 2007 WI 92,
302 Wis. 2d 519,
735 N.W.2d 55,
05-2315.
895.01 Annotation
Actions under ss. 551.41 and 551.59 survive the death of the wrongdoer. Continental Assurance Co. v. American Bankshares Corp.
483 F. Supp. 175 (1980).
895.02
895.02
Measure of damages against personal representative. When any action described in
s. 895.01 (1) shall be prosecuted to judgment against the personal representative, the plaintiff shall be entitled to recover only for the value of the goods taken, including any unjust enrichment of the defendant, or for the damages actually sustained, without any vindictive or exemplary damages or damages for alleged outrage to the feelings of the injured party.
895.02 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 784 (1975);
1977 c. 176;
2001 a. 102.
895.03
895.03
Recovery for death by wrongful act. Whenever the death of a person shall be caused by a wrongful act, neglect or default and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable, if death had not ensued, shall be liable to an action for damages notwithstanding the death of the person injured; provided, that such action shall be brought for a death caused in this state.
895.03 Annotation
A complaint alleging that the defendant shot the plaintiff's husband and that the shooting was wrongful was sufficient to state a cause of action. Kelly v. Mohrhusen,
50 Wis. 2d 337,
184 N.W.2d 149 (1971).
895.03 Annotation
It is sufficient if the death was caused by a wrongful act, neglect, or default in this state. It is not necessary that the death occur in the state. The statute includes cases dealing with breach of warranty arising out of contract. Schnabl v. Ford Motor Co.
54 Wis. 2d 345,
195 N.W.2d 602,
198 N.W.2d 161 (1972).
895.03 Annotation
A decedent must have had an actionable claim for damages at the time of death for a wrongful death cause of action to exist. If the statute of limitations would have barred the decedent from bringing a medical malpractice action, had the decedent lived, a wrongful death action based on the alleged malpractice is also barred. Miller v. Luther,
170 Wis. 2d 429,
489 N.W.2d 651 (Ct. App. 1992).
895.031
895.031
Recovery from estate of wrongdoer. If the death of a person is caused by a wrongful act or omission committed in this state that, if death had not ensued, would have entitled the injured party to maintain an action and recover damages and the wrongdoer dies prior to the time of the death of the injured person, the wrongdoer shall be liable for damages notwithstanding either death. Any right of action against a deceased wrongdoer under this section shall be enforced by bringing an action against the deceased wrongdoer's personal representative.
895.031 History
History: 1993 a. 486;
2001 a. 102.
895.035
895.035
Parental liability for acts of minor child.
